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352.110 Mines to have two openings -- Exception -- Condemnation of land for
opening.
(1)
(2)
No licensee, superintendent, mine manager, or mine foreman of any mine opened
after June 16, 1972, shall permit persons to work therein unless there are to every
seam of coal worked in the mine at least two (2) separate outlets, separated by
natural strata of not less than one hundred fifty (150) feet in breadth if the mine is
worked by shaft or slope, and separated by a pillar of natural strata of not less than
two thousand (2,000) square feet if the mine is worked by drift, by which outlets
distinct means of ingress and egress are readily available to persons employed in the
mine, but it shall not be necessary for the two (2) outlets to belong to the same
mine. This subsection does not apply to the openings of a new entry that is being
worked for the purpose of making connection between the two (2) outlets so long as
not more than twenty (20) persons are employed at one (1) time in making the
connection or driving the second opening, or to any mine in which the second
opening has been rendered unavailable by reason of final robbing or removal of
pillars so long as not more than twenty (20) persons are employed therein at one (1)
time, and the workings are no farther than five hundred (500) feet from the bottom
of the shaft or slope or from the drift opening.
If any mine has but one (1) means of ingress or egress for persons employed therein,
and the owner does not own suitable ground for another opening, the owner may
select appropriate adjacent ground for that purpose and have it condemned pursuant
to the Eminent Domain Act of Kentucky.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 185, sec. 15, effective July 12, 2006. -- Amended
1996 Ky. Acts ch. 308, sec. 28, effective April 9, 1996. -- Amended 1976 (1st Extra.
Sess.) Ky. Acts ch. 14, sec. 279, effective January 2, 1978. -- Amended 1972 Ky.
Acts ch. 303, sec. 11. -- Amended 1952 Ky. Acts ch. 162, sec. 20, effective March 5,
1952. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from
Ky. Stat. sec. 2739-21.
Legislative Research Commission Note (4/9/96). The action taken with respect to this
statute by 1996 Ky. Acts ch. 308 was to have become effective April 8, 1996, under
Section 51 of that Act. The Act, however, did not become effective until April 9,
1996, when the Governor's signed copy of the Act was filed with the Secretary of
State.
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